Judgment Search Results Home > Cases Phrase: elephants prevention act 1879 section 7 penalty for contravening section 3 Page 1 of about 323 results (0.126 seconds)

V.K. Venkitachalam Vs. State of Kerala, represented by its Principal S ...

Court : Kerala

..... brief facts of the case emerge from the pleadings of the parties are: the petitioner, claiming concern for the protection of elephants and their well-being, has filed this public interest litigation for implementation of the performing animals (registration) rules, 2001(hereinafter referred to as '2001 rules') which has been framed under section 38(1) and (2) of the prevention of cruelty to animals act, 1960 (hereinafter referred to as '1960 act'). 3. ..... once the exhibition of the specified five animals is prohibited under sub-section (ii) of section 22 of the act on the ground of prevention of infliction of unnecessary pain or suffering by the circus, the same yardstick would have to be applied in the case of a person who exhibits or trains animals for a show where the public is invited without the sale of tickets. ..... with regard to the 2012 rules, it has been pleaded that in section 21 of the the prevention of cruelty to animals act, 1960 the term 'exhibit' is defined to mean exhibit at any entertainment, to which the public are admitted through sale of tickets, and 'train' means training for the purpose of any such exhibition. ..... such other relief's which this hon'ble court deems fit and necessary in the circumstances o the case and the costs of this case so as to prevent cruelty to the elephants and for the effective implementation of the provisions of prevention of cruelty to animals act, 1960. 5. .....

ivory Traders and Manufacturers Association Vs. Union of India

Court : Delhi

Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131

..... 51.penalties (1)any person who contravenes any provision of this act, except chapter va and section 8j or any rule or order made there under or who commits a breach of any of the conditions of any license or permit granted under this act, shall be guilty of an offence against this act, and shall, on conviction, be punishable with imprisonment for a term which may extend to three years or with fine which may extend to twenty ..... the petition was dismissed and it was held that sections 366, 367(c) and 385 of the act were enacted for the promotion of public health and for the prevention of danger to the life of the community and in the larger interest of the public and that the restrictions upon the rights of the owners of the cattle and persons carrying ..... the submission that the functionaries of the wild life department of the states could prevent illegal hunting of elephants and there was no good reason to ban the sale of imported ivory and ..... counsel contended that the functionaries of the wild life department of the concerned states can prevent illegal hunting of elephants and there is no good reason to ban the sale of imported ivory and articles ..... the parliament understanding the vastness of the problem and considering that it will be very difficult to prevent poaching of the indian elephant, already on the verge of extinction, and the sale of indian ivory under the guise of imported ivory without imposing the ban on trade in imported ivory cannot be faulted as the degree of .....

M/S. Ivory Traders and Manufacturers Association and Other Vs. Union o ...

Court : Delhi

Reported in : AIR1997Delhi267b; ILR1997Delhi22

..... the petition was dismissed and it was held that sections 366, 367(c) and 385 of the act were enacted for the promotion of public health and for the prevention of danger to the life of the community and in the larger interest ..... we also reject the submission that the functionaries of the wild life department ofthe states could prevent illegal hunting of elephants and there was no good reason to ban the sale of imported ivory and articles made ..... learned counsel contended that the functionaries of the wild life department of the concerned states can prevent illegal hunting of elephants and there is no good reason to ban the sale of imported ivory and articles made there from ..... the parliament understanding the vastness of the problem and considering that it will be very difficult to prevent poaching of the indian elephant, already on the verge of extinction, and the sale of indian ivory under the guise of imported ivory without imposing the ban on trade in imported ivory cannot be faulted as the degree of harm in allowing the ..... that the traders in the garb of dealing in ivory imported from africa or mammoth ivory, had actually been dealing with indian ivory which resulted in illegal killing of indian elephants with the result that their population has gone down and in order to arrest their further depletion it was necessary to bring about the present amendments. mr. ..... penalties led animal article or ivory i (1) any person who contravenes any provision of this act except chapter va .....

Apurba Ballav Goswami Vs. State of Assam and ors.

Court : Guwahati

..... permitting withdrawal from prosecution of a number of accused under the terrorist and disruptive activities (prevention) act, ('tada') following a demand from veerappan, an alleged poacher of elephants and smuggler of ivory and sandalwood, a three judge bench observed and held, thus, 'the law, therefore, is that though the government may have ordered, directed or asked a public prosecutor to withdraw from a prosecution, it is for the public prosecutor to apply his mind to all the relevant material and in good ..... the prosecution and that such withdrawal will advance the course of justice and will not thwart or stifle the process of law or course of justice, and, if on being so satisfied, the public prosecutor, makes an application under section 321, the role of the court starts and the court can give consent if it is satisfied after considering all the materials, that the public prosecutor has applied his mind independently thereto, that the ..... in the light of what has been discussed and pointed out above, when i revert to the factual matrix of the present case, what attracts the eyes, most prominently, is that the application made under section 321, in the present case, merely reflects that as desired by the government of assam, the public prosecutor, golaghat, sought the consent of the learned court below to withdraw from the prosecution of the accused-opposite party. .....

Rajendra Kumar Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1998Raj165; 1998(1)WLC277

..... the words 'ivory imported into india' in accordance with section 49b(i)(a) would definitely include all descriptions of ivory including the mammoth ivory and in order to achieve the purpose for which the amending act has been enacted by including the imposition of ban on trade in imported ivory of all descriptions whether drawn from mammoth or elephant and for the salutary purpose of protection of indian elephant, no fault can be found in the action of the state and no declaration can be ..... they had taken undue benefit for the reason that it was difficult, if not impossible, to immediately distinguish between the two types of raw materialand after going through till these aspects, the practical position, dwindling of the number of elephants despite the ban on the elephants ivory and to prevent further poaching, the government of india had ultimately banned the import of unmanufactured ivory as well for local trade and manufacturing in imported ivory which ..... the petitioner has traced out the history of wild life protection, staling there firstly the animal protection act of 1912 was promulgated which merely concerned to prevent the killing of wild birds and animals and later on for a comprehensive and practical legislation to protect the indian wild life, the present wild life (protection) act, 1972 was enacted with the statement of objects inter alia as under:'the rapid decline of indian's wild ..... the penalties for various offences are proposed to be suitably enhanced to make .....

Kuppathode Madhavan Nair and ors. Vs. the State of Kerala and ors.

Court : Kerala

Reported in : AIR1964Ker287

..... section 7 provides for penalty for killing, injuring, or capturing, or attempting to kill, injure or capture, any wild elephant, in contravention of section 2.21. ..... any person convicted of a second or subsequent offence under this section shall be liable to double the punishment mentioned above :provided that nothing in this section shall be deemed to prevent any person from killing or wounding any wild elephant in defence of himself or of any other person or property :provided further that any person killing any wild elephant in defence of himself or of any other person or property, shall immediately report the matter to the nearest police or forest officer and also take ..... no such recognition was given by the central act, namely the elephants pressrva-tion act, (central act vi of 1879). ..... therefore, it will be seen from the scheme of the madras act, referred to above, that its object was to prevent indiscriminate destruction of wild elephants, and that a licence was necessary under section 3-a of the said act only to shoot wild female elephants, whether it be on the property of the government or private lands. ..... vi of 1879, namely the elephants' preservation act. ..... this will be a convenient stage to refer to the provisions of the madras wild elephants preservation act, 1873, madras act i of 1873, as well as the provisions in the elephants preservation act, central act vi of 1879. ..... the act itself came into force with effect from 1st april 1879. .....

Jagneswar Sen Gupta Vs. Gopal Chandra Saha

Court : Guwahati

..... section 16(l)(a) of the prevention of food adulteration act for contravening section 7(ii) of the act, the charge against him was that he was guilty of misbranding the mustard oil which he had stored for ..... that a responsible officer like the collector and district magistrate of tripura who is the administrator of the agartala municipality has been guilty of deliberately antedating a written consent required under section 20 of the prevention of food adulteration act in order to see that the prosecution against the respondent herein which was originally instituted without such a written consent should not fail on the ground of want of sanction.the ..... , of 'deer brand' mustard oil, 4 of 'ghani brand, 3 of 'sakhi brand', 3 of 'bottle brand', 1 of 'narayan brand' and 1 of 'elephant brand'.on 17-4-1958 he applied to the administrator agartala municipality for written consent to institute proceedings against the two persons as required under section 20 of the prevention of food adulteration act. ..... come to have its own special value even where the same article of food is manufactured by various manufacturers.thus one man may have a special liking for 'deer brand' mustard oil while another may like the 'elephant brand' and the third the 'sakhi brand'. he will get satisfaction only by using the particular ..... 18 tins included 6 tins of 'deer brand' mustard oil, 4 tins of 'ghani brand', 3 tins of 'sakhi brand, 3 tins of 'bottle brand', 1 tin of 'narayan brand' and 1 tin of 'elephant brand'. .....

Hospitality Association Of Mudumalai Vs. In Defendent Of Environment A ...

Court : Supreme Court of India

..... government, in the meantime, wants to take over the management of the private forest, it may do so in terms of section 3 of the tamil nadu private forest (assumption of management) act (lv of 1961), so as to enable the elephants to pass through the corridor without any hindrance till the lands are acquired.16. ..... 30.09.2008, the high court issued the following directions: (i) forest department, which has the knowledge of movement of elephant in the corridor, may identify and inform the same; 14 (ii) the state government may publish the information regarding the elephant corridor and the area, in leading newspapers and also by drum beating/tom tom, calling for objections of locals, if any, in the area in question; (iii) after hearing the locals, particularly those ..... prevent such conflict and protect elephants, the government of india through the then ministry of environment and forests launched a centrally sponsored scheme project elephant to provide financial and technical support to the wildlife management efforts by states for their free ranging populations of wild elephants ..... precautionary principle makes it mandatory for the state government to anticipate, prevent and attack the causes of ..... herds of roaming elephants play several important roles in the ecosystem: (i) landscape architects: elephants create clearings in the forest as they move about, preventing the overgrowth of certain plant species and allowing space for the regeneration of others, which in turn provide sustenance .....

F.T. Kingsley Vs. the Secretary of State for India in Council

Court : Kolkata

Reported in : AIR1923Cal49,72Ind.Cas.270

..... have made during this period on this basis, which ignores the funda.1 mental principle of the law of compensation formulated by the roman jurist cessans, damnum emergens--loss suffer, gain prevented-the subordinate judge has allowed the plaintiff a refund of the license-fee during this period and the expends incurred in connection with the stockades this he has assessed at rs. ..... his grievance was three-fold; first, the operations were delayed by reason of the failure of the defendant to provide him with the requisite passport; secondly, the removal of captured elephants was hindered by reason of wrongful refusal of the officers of the forest department to accept the prescribed royalty and to issue, the transit passes; and thirdly, that the depot at hail river ..... prepared to disagree with the subordinate judge that there were extensive accidental fires in addition to the departmental fires, and that the evidence does not establish that the elephants, and if so, how many, were in fact scared away by the departmental fires or that the fodder was destroyed thereby, and if so, to what extent.9 ..... case for the plain tiff was that he could not catch as many elephants as he would have done, but for the wrongful acts of the ..... in the case before us, the plaintiff has proved that he has on an average captured one elephant per stockade per week, which would make six elephants in two weeks in the three stockades concerned; on this basis, he urges that the damage should be calculated on the ..... 1879 .....

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... the slaughter of elephants had been totally prohibited in india from the year 1980 under the provisions of wild life (prevention) act, 1972 187. ..... may (a) enter, stop and search, or authorize any person to enter, stop and search and search any vehicle used or intended to be used for the export of cow, bull or bullock; (b) seize or authorize the seizure of cow, bull or bullock in respect of which he suspects that any provision of sections, 5a, 5b, 5c or 5d has been is being or is about to be contravened, alongwith the vehicles in which such cow, bull or bullock are found and there after take or authorize the taking of all measures ..... may = (a) enter, stop and search, or authorize any person to enter, stop and search and search any vehicle used or intended to be used for the export of cow, bull or bullock; (b) seize or authorize the seizure of cow, bull or bullock in respect of which he suspects that any provision of sections, 5a, 5b, 5c or 5d has been is being or is about to be contravened, alongwith the vehicles in which such cow, bull or bullock are found and there after take or authorize the taking of all measures ..... it is also being provided for enhancement of penalty of imprisonment for certain kind of offences under section 9 of the act from six months to five years and of fine of one thousand rupees to ten thousand rupees and with a view to curb the tendency towards such offences also making such offences non-bailable so as to serve as deterrent. 17. .....